Mueller v. State of Hawaii Department of Public Safety, et al.
| Elizabeth A. Mueller |
| State of Hawaii Department of Public Safety, Freddie Carabbacan, Francis Sequeira, Nolan Espinda and Doe Defendants 1-10 |
| 1:2017cv00571 |
| November 22, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| HELEN GILLMOR |
| RICHARD L. PUGLISI |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
561
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S BILL OF COSTS (ECF No. 551 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 5/31/2022. (jo)
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Filing
550
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS, AS MODIFIED (ECF No. 548 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 4/22/2022. (jo)
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Filing
547
ORDER DENYING DEFENDANT STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY'S MOTION FOR A NEW TRIAL UNDER RULE 59(a) AND/OR REMITTITUR AND RELIEF UNDER RULE 59(e) (ECF No. 514 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 3/31/2022. Defendant State of Hawaii Department of Public Safety's Motion for a New Trial Under Rule 59(a) and/or Remittitur and Relief Under Rule 59(e) (ECF No. 514 ) is DENIED. (jo)
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Filing
537
ORDER DENYING DEFENDANT STATE OF HAWAII DEPARTMENT OF PUBLIC SAFETY'S MOTION FOR A STAY PENDING APPEAL AND REQUEST FOR EXEMPTION FROM REQUIREMENT TO PAY SUPERSEDEAS BOND (ECF No. 517 ) - Signed by SENIOR JUDGE HELEN GILLMOR on 3/2/2022. Defendant State of Hawaii Department of Public Safety's Motion for a Stay Pending Appeal and Request For Exemption From Requirement To Pay Supersedeas Bond is DENIED. Defendant State of Hawaii Department of Public Safety's Motion for an additional Temporary Administrative Stay of 30 days is DENIED. (jo)
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Filing
485
ORDER LIMITING THE TESTIMONY OF THE TREATING PHYSICIAN WITNESS - Signed by SENIOR JUDGE HELEN GILLMOR on 11/4/2021. Defendants have failed to comply with Federal Rules of Civil Procedure 26(a)(2)(B) and 26 (a)(2)(C) that would permit them to call Dr. Nicole Dela Sierra and Dr. Marin W. Acklin as treating physician witnesses. Defendants withdrew their request to have Dr. Acklin testify. ;Dr. Dela Sierra's testimony shall be limited to that of a lay fact witness. Her testimony may not be based on any fact or opinion based on her specialized knowledge or skill or on her treatment or assessment of Plaintiff Mueller. (jo)
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Filing
394
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER RE: EVIDENTIARY HEARING ON STATUTE OF LIMITATIONS AND EQUITABLE TOLLING - Signed by SENIOR JUDGE HELEN GILLMOR on 7/20/2021. Based on the above Findings of F act and Conclusions of Law, the Court hereby rules as follows: IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiff Elizabeth A. Mueller's Complaint, filed on October 30, 2017, is timely. (jo)
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Filing
252
ORDER CLARIFYING THE COURT'S ORDER OF MARCH 18, 2020 (ECF No. 236 ) IN RESPONSE TO DEFENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S MOTION FOR PARTIAL RECONSIDERATION OF ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S MOTION FOR SUMMARY JUDGMENT ENTERED ON MARCH 18, 2020 (ECF No. 242 ) - Signed by JUDGE HELEN GILLMOR on 4/14/2020. Th e Court clarifies that Plaintiff's Section 1983 claim remains against Defendant Freddie Carabbacan, in his individual capacity, and Nolan Espinda, in his individual capacity. To the extent that any qu estion exists as to any Section 1983 claims against the Defendant State of Hawaii, Department of Public Safety, and against Defendant Nolan Espinda, in his official capacity, they are DISMISSED on the basis that those Parties are not "persons" within the meaning of Section 1983. (jo)
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Filing
236
ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S MOTION FOR SUMMARY JUDGMENT (ECF No. 198 ) and DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO THE STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY'S LIABILITY FOR THE ACTIONS OF DEFENDANT FREDDIE CARABBACAN, IN HIS OFFICIAL CAPACITY (ECF No. 200 ) - Signed by JUDGE HELEN GILLMOR on 3/18/2020. DE FENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S MOTION FOR SUMMARY JUDGMENT (ECF No. 198 ) is GRANTED, IN PART, AND DENIED, IN PART. Defendants' Motion is GRANTED as to Plaintiff's causes of action pursuant to the Hawaii State Constitution. The causes of action pursuant to the Hawaii State Constitution as stated in Count II of the Complaint are DISMISSED WITH PREJUDI CE. Defendants' Motion pursuant to the statute of limitations is DENIED. Defendants' Motion pursuant to the Eleventh Amendment is DENIED. &nbs p; Defendants' Motion is DENIED as to immunity and conditional privilege as to Nolan Espinda. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO THE STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY'S LIABILITY FOR THE ACTIONS OF DEFENDANT CARABBACAN, IN HIS OFFICIAL CAPACITY (ECF No. 200 ) is DENIED. (jo)
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Filing
223
ORDER OVERRULING DEFENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S OBJECTIONS (ECF No. 209 ) AND AFFIRMING THE MAGISTRATE JUDGE'S ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S REQUEST F OR ATTORNEYS' FEES PURSUANT TO ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL AND GRANTING PLAINTIFF'S MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH THIS COURT'S ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO COMPEL DISCOVERY FILED ON SEPTEMBER 23, 2019 (ECF No. 203 ) - Signed by JUDGE HELEN GILLMOR on 2/4/2020. Defendants State of Hawaii, Department of Public Safety and Nolan Espinda's Objection (ECF No. 209) is OVERRUL ED. The Magistrate Judge's November 26, 2019 Order (ECF No. 203) is AFFIRMED. The Court orders Defendants State of Hawaii, Department of Public Safety and Nolan Espinda to pay $4,217.28 to Plaintiff no later than Friday, February 21, 2020. (jo)
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